Slayer Statute

Sometimes truth is stranger than fiction as the case with Christian Karl Gerhartreiter who had pretended to be a member of the ultra wealthy Rockefeller family, served time in jail for kidnapping his daughter and been the subject of a made for tv movie.

On Tuesday, the West German-born man was also charged with the 1985 murder of his former landlord for whom he lived in the guest house of.

Los Angeles prosecutors formally brought that charge against him, and they are seeking to have him extradited from Massachusetts, where he is serving a sentence of more than four years in prison for kidnapping his daughter in 2008 in Boston.

He was long suspected him in the 1985 murder, but the evidence took a long time to develop.

The LA police spokesperson Steve Whitmore said "It was a very difficult case on many levels,"

The victim, John Sohus, went missing in 1985 but his body was not discovered until 1994. He was conclusively identified only recently with the help of new technology, Whitmore said.

"The district attorney decided that now is the time to file the murder charge, we have enough evidence to get a conviction," Whitmore said.

Gerhartsreiter's wanted a life a wealthy person in the US and merely assumed that identity after coming to the US as a student in the 1970's. For most of the past few decades he had called himself Clark Rockefeller. Eric McCormack played him in the made-for-TV movie "Who Is Clark Rockefeller?" on the Lifetime network.

The 50 year-old Gerhartsreiter's is accused of using a blunt object to kill Sohus, who went missing along with his wife, Linda, in 1985.

Linda's body was never discovered, and as a result Gerhartsreiter has not been charged in her death, Whitmore said. Investigators believe, however, that she is dead.

John Sohus was found buried in the backyard of his home in San Marino a city near Los Angeles prosecutors said. It was in 1994 that someone else who had owned the home at the time chose to have a swimming pool installed and when that was built the body was found but technology did not exist to identify who it was until just recently.

Gerhartsreiter's, claimed the identity of Christopher Chichester at the time of the murder.

"It's basically shoe leather police work combined with technology, as the technology advanced we were able to review and review again," Whitmore said.

For at least 16 years, Gerhartsreiter passed himself off as a Clark Rockefeller and pretended to be a member of New York's Rockefeller oil dynasty. The family has denied any relation. He was successfully living in high society for a long time though.

He married Sandra Boss for 12 years herself a Harvard grad. In the 2007 divorce she accused him of lying of being a Rockefeller.

The following year, he kidnapped the couple's young daughter, leading to a manhunt that ended with his arrest in Baltimore and the girl's rescue.

Los Angeles prosecutors will ask that bail be set at $10 million for Gerhartsreiter's in the 1985 murder case. If convicted, he faces 26 years to life in prison.

Likely every state has a slayer statute that basically says a person cannot inherit from a person that they murder in order to prevent improper conduct of people seeking to gain wealth in that way. The Florida slayer statute says if the greater weight of the evidence shows someone intentionally and unlawfully acted to bring about the death of another than they would be prohibited from inheriting from them. A conviction or even criminal charge is not necessary in Florida and the standard would be more likely than not whether the slayer statute requirements were satisfied.

He was able to pretend to be a member of one of the countries wealthiest families and fool a Harvard graduate and many others for well over a decade but as typically happens the truth eventually came out.

Monica Burgos Beresford Redman the wife of a guy who had been a producer for the show Survivor and other shows her will has now been filed with California probate court as TMZ reports. Link for a copy of her will. It leaves all her property to her husband and names him as the personal representative. It also mentions one child as it was prepared in 2004 although they had 2 children at the time of her passing.

This raises the issue of a pre termitted child. Most states have a statute which states what would happen if a child is born after the will is prepared. Since I am not a California Probate Attorney and this blog focuses on Florida Probate Law and Florida Will Law I will mention that in Florida it is Florida statute 732.302 which would control. Basically the child gets an intestate share regardless of what the will says unless it appears that it was intentional they were not provided for or there were one or more children at the time of the will and substantially all of the property was left to the parent of the pre termitted child. Although she had left all her property to the father of such child it will be interesting to see as they may receive everything. If he were to be convicted of killing his wife he would not be entitled to receive anything and would be treated as pre deceased so it would all pass to the children with her someone else looking out for the children's property while they are minors.

Currently he is a "person of interest" and has not been charged or arrested with anything. However she was found in a sewer nearby where they were staying on their vacation having appeared to have been strangled. Emails that a close friend of his wife sold to an online website Radar Online and which had been given to authorities by her mom purport to show that he was having a long term affair and that he was only happy with his mistress so he would leave the family for her. Another website reported that she had taken out a lot of money from joint bank accounts shortly before the trip. While entitled to presumption of innocence authorities had prevented him from leaving the country for a while and have been closely investigating his involvement the kids had been staying with her sister but then were temporarily given to his parents.

As the LA Times mentions he seen violently and loudly arguing with his wife shortly prior to her death then had scratch marks on his arms when seen just after she was found strangled during which she likely would have scratched the attacker.

An interesting distinction in California Probate Law code section 250 it says A person who feloniously and intentionally kills the decedent is not entitled to any property interest or benefit under a will of the decedent. The code also prohibits any killer to serve as executor or personal representative as they are known for Florida probate purposes or as a trustee. For this case the California statute will apply. Unless he were convicted of a felony he will receive his share of the probate estate and any survivorship rights pursuant to California law.

Unlike in California a felony is not required. It merely requires a finding that by a greater weight of the evidence the person unlawfully and intentionally killed or participated in procuring the death of decedent. If so they are treated as pre deceased and not entitled to anything under of the will or trust or anything that would pass by right of survivorship or similar manner.

As CNN reported Monica Beresford Redman the wife of Bruce Beresford Redman who had been a producer of the show Survivor from CBS then co created Pimp My Ride a popular MTV show was found dead. Apparently there were allegations that he had an affair then his wife emptied out the joint bank accounts upon hearing that and took the children moving away but he was able to have her agree to meet for a family vacation in Cancun. He reported her as missing but a couple days later she showed up where he was staying in a sewer dead apparently from strangulation because of bruising and he had a number of scratch Marks soon after the staff at the hotel heard them arguing loudly.

Although jointly held property with husband and wife would pass to the survivor and property in the sole name of the deceased spouse in absence of a will in Florida the spouse would receive one half of the estate if there were children from a different parent then the deceased or one half plus $60,000 if there were not. A person cannot benefit from causing the death of another though regardless of how the property is held including beneficiary designations such as insurance policies. The Florida Slayer Statute is section 732.802 which can be read by clicking here.

The Florida Slayer Statute says that a surviving person who unlawfully and intentionally kills or participates in procuring the death of the decedent is not entitled to any benefit under will or probate code and estate passes if the person predeceased the decedent. Jointly held property becomes tenancy in common and the life insurance would be treated like the estate property as if the person who participated in or procured the death had died in advance of the decedent. This is not a Florida situation the murder happened in Mexico and they had lived in California although California also has a slayer statute as do nearly all states and countries.

A video discussing the situation can be found here. Sadly they had a 2 year old child and a 4 year old child. If the charges stick they will essentially lose both of their parents making the guardianship choices potentially expressed in a will especially important or they will go to another family member who can properly take care of them.

An interesting article by the Washington Post discussed a case in which a husband who was a former US Marshall took out a $100,000 life insurance policy then killed his wife and waited a few days to report it then almost was able to collect on the policy after shooting her 5 times given he was convicted of involuntary manslaughter and in Virginia where the case occured it required a murder conviction. As a response a state representative introduced legislation to expand the slayer statute for the state but inlitigation about who should receive the benefits of the policy attorneys for the killer argued he was entitled through the loophole that he was not convicted of murder. Strange facts to the case in that the husband had argued that he only shot after his wife had pulled a gun on him although he did not remember it until a month and a half later since the stress of the moment had given him amnesia. As a result and the current statute at the time he almost prevailed but the judge ruled in favor of the daughter of the decedent who claimed to be the sole heir of the estate after the husband was treated as having been predeceased on another technicality that the Pennsylvania slayer statute applied since she got the insurance policy through the Pennsylvania based employer which also included manslaughter convictions.

A critic of the proposed legislation pointed out a case where a son accidentally shot their father but was convicted of manslaughter and that would have prevented any inheritance even though it was an accident.

These are reasons Florida has a well worded statute a conviction of either manslaughter or murder is not needed the it must be both the unlawfully and intentionally killing or participating in the killing of another that qualifies.

CNN repoted a former NFL player Eric Napowski and his ex girlfriend have been charged with the 1994 murder of her boyfriend at the time. Orange County California district attorney believe that Bill Mclauglin who was dating Nanetter Packard Mcneal at the time was murdered for money.

She was the named beneficiary of a $1 million dollar life insurance policy on his life and was named to receive $150,000 through his will along with rent free living at beach house for a year and she pursuaded her ex boyfriend to murder Bill so she could receive the money. She then gave Eric the key and let him know when Bill would be home. Eric apparently shot him 6 times then went to a nearby nightclub where he was a bouncer.

The relationship started with her filing a personal ad that said "I know how to take care of my man if he knows how to take care of me". He then supported her financially and bought her a beach house.

They now face potential life sentences for murder. She has already been jailed once for writing checks to herself from her rich boyfriends account without his knowledge including $250,000 check on the day he was killed. She plead guilty to that in 1996 and was jailed for a year.

The murder case had become a cold case although new evidence prompted the arrests. She is due in court tomorrow and he was arrested in Connecticut where he lives and Orange County California district attorneys office has asked that he be sent to California to face trial. Eric is now 42 and had played for the New England Patriots and Indianapolis Colts in the late 80s.

Police had long suspected them but were unable to find the gun and had not felt they were able to prove beyond a reasonable doubt the murder so they had not been arrested.

The California slayer statute which is probate code section 250 says that a person who "feloniously and intentionally kills the decedent" is not entitled to any of the decedent's property, interest, or benefit, which then goes to the heirs "as if the killer had predeceased the decedent.

However, the California Slayer Statute could likely have applied in this case. In Florida the slayer statute would provide that if it is proven more likely than not that she unlawfully and intentionally killed or participates in the killing of the decedent she would not have been entitled to any benefits under the will or any property which passed by reason of his death such as the life insurance policy. This would be heard in probate court to determine if the facts show by the greater weight of the evidence the statute has been satisfied. If it has then the property would pass as if the killer had immediately pre deceased the victim. The statute explictly says that a named beneficiary of a life insurance policy, or other contractual arrangement unlawfully and intentionally kills would not inherit. Her having obtained someone to murder, given them the key and letting them know when to act in order for her to inherit are obviously sufficient to show she participated if those were proven. Had the criminal case occured earlier a conviction of murder would have been conclusive proof that the slayer statute applies. However in Florida the proper public policy that killers should not profit from their crime and only the more likely than not standard is required so despite no conviction or even an arrest a person could still be prevented from inheriting. If there was no alternate beneficiary the probate would then pass pursuant to the Will or through intestate succession if there was no will.